Maintenance Not Paid: Legal Remedies in Bengaluru
Maintenance is not extra money. It is what keeps rent paid, groceries running, and children’s expenses on track during separation or divorce. So when maintenance is not paid becomes your reality, it creates fear, stress, and constant financial pressure.
Here’s the direct answer: If maintenance is not paid, you can approach the same court to enforce the order and recover arrears through legal steps like warrants, attachment of income/property, and even jail in cases of wilful default. Indian law provides clear procedures for non-payment of maintenance, and Bengaluru courts handle these matters regularly.
This guide walks you through your rights, key legal concepts, and a practical step-by-step plan for what to do when maintenance is not paid.
Which law applies depends on where your order came from
When maintenance is not paid, the best remedy depends on the forum that passed your order:
- BNSS Section 144 (earlier Section 125 CrPC): maintenance for wife (including divorced wife in certain cases), children, and parents. From 1 July 2024, CrPC was replaced by Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
External reference: BNSS on India Code - Family Court/divorce proceedings: interim maintenance during the case and final maintenance (often called permanent alimony). Simple explainer: Difference between alimony and maintenance in India.
- Domestic Violence Act, 2005 (DV Act): monetary relief that can include maintenance and child expenses.
External reference: DV Act, 2005 (India Code PDF)
If you’re unsure, check the court name and case type on the first page of your order. That tells you exactly where to file when maintenance is not paid.
Punishment for not paying maintenance: what the court can do
People ask: Is there punishment for not paying maintenance? Yes, but courts focus on recovery first and use punishment when the default looks deliberate.
Under Section 144(3) BNSS, if a person fails without sufficient cause to comply with a maintenance order, the Magistrate can issue a warrant to recover the amount due. If the amount still remains unpaid after the warrant process, the court can order imprisonment up to one month (or until payment, if sooner made) for each breach. This is one of the strongest tools against non-payment of maintenance when someone has the means but refuses to pay.
What matters in practice:
- Courts look for wilful default, not genuine hardship,
- The purpose is compliance and support, not revenge.
- A recovery warrant is sought within one year of each due date, so don’t delay.
Practical Steps: What To Do When Maintenance Is Not Paid
Use this as a checklist. These steps work for most Bengaluru cases where maintenance not paid has become a pattern.
1) Record the default cleanly (prove maintenance not paid)
- keep the order copy (and any interim orders),
- track month-wise dues and payments,
- preserve bank statements/UPI proofs and messages.
If any payment happens in cash, insist on proof. Lack of proof is the biggest reason maintenance-not-paid cases drag on.
2) Send a short written demand (create a paper trail)
Mention the order date, months unpaid, and a clear deadline. This helps show intentional non-payment of maintenance, not confusion.
3) File enforcement in the same court (don’t restart the fight)
- BNSS maintenance order: file for recovery/enforcement under the BNSS mechanism (commonly via Section 144(3) applications seeking a warrant and further action when maintenance is not paid).
- Family Court maintenance order: file an execution/enforcement petition in the Family Court for arrears and future compliance.
- DV Act monetary order: file for enforcement/execution in the same DV proceeding.
Starting fresh litigation usually wastes time. Enforcement is the faster answer when maintenance is not paid.
4) Ask for practical recovery methods (money has to come from somewhere)
Depending on facts, request:
- income and asset disclosure,
- attachment of bank accounts or property,
- employer direction for deductions (where feasible),
- attachment of rental income/receivables.
These are often more effective than repeated adjournments in non-payment of maintenance disputes.
5) Keep child expenses separate and well-documented
When maintenance is not paid affects a child, and the courts act more firmly. Keep school fees and medical bills with receipts.
6) If you are the payer and you truly can’t pay, don’t vanish
If you lose a job or face a real medical issue, make partial payments with proof and apply for a modification with documents. Silence turns into arrears and invites strict action for non-payment of maintenance.
Remedies available in Bengaluru for non-payment of maintenance
BNSS route (Magistrate Court)
If maintenance is not paid under a BNSS order, the Magistrate Court route can be effective when the respondent has a salary/business income or identifiable assets. Courts can press for compliance through recovery warrants and further coercive steps when justified.
Family Court route
If maintenance is not paid under a Family Court order, execution in the divorce proceeding is the usual path. If you want context on final support, read: Alimony in the Indian divorce process.
DV Act route
When maintenance not paid is linked with abuse, intimidation, or control, DV Act relief can combine monetary relief with protection. Plain-language overview: Domestic violence law in India.
Financial disclosure (critical when income is hidden)
Many maintenance cases not paid become a fight about real income. The Supreme Court has issued guidance on maintenance proceedings, including financial disclosure through affidavits of assets and liabilities.
External reference: Rajnesh v Neha (Supreme Court) – maintenance guidelines
For official Family Court contact details in Bengaluru:
External reference: District Court Bengaluru – Family Courts Unit
Why Expert Legal Counsel from Kapil Dixit LLP Matters in These Cases
When maintenance is not paid, the outcome depends on details: arrears calculation, asset visibility, the correct forum, and clean drafting. The other side may delay, avoid service, or hide income, and your case can lose months if the first enforcement step is weak.
Kapil Dixit LLP helps you with:
- order review + arrears strategy,
- correct forum selection (BNSS/DV/Family Court),
- drafting petitions, affidavits, and enforcement applications that courts can act on,
- representation and settlement negotiation aimed at stable, enforceable outcomes.
If you want to begin privately, you can start with an online lawyer consultation in Bangalore.
FAQs
1) If maintenance is not paid to the wife, what should she do first?
Collect proof and act quickly. Keep the order, bank statements, and a month-wise arrears list showing maintenance not paid. Then file enforcement/execution in the same court that passed the order. Early action prevents arrears from becoming unmanageable.
2) What is the punishment for not paying maintenance in India?
If the court finds wilful default, it can issue recovery warrants and, in some cases, order civil imprisonment. Under BNSS (earlier CrPC 125), imprisonment can extend up to one month for each breach, subject to procedure. Courts usually use this to push compliance in maintenance not paid situations.
3) Can the court attach a salary or bank account for maintenance arrears?
Yes. Courts can order attachment or recovery from identifiable sources like bank balances, property, and income streams. Where feasible, courts may direct deductions through an employer. Your application becomes stronger when you provide accurate employment/account details in a non-payment of maintenance case.
4) If the husband says he lost his job, does maintenance stop automatically?
No. The order continues until the court changes it. The payer must apply for modification with proof and explain the change in circumstances. Otherwise, arrears continue to build, and maintenance not paid becomes enforceable.
5) Can I recover arrears for many past months?
Often yes, but delay can create technical and practical hurdles. Some recovery steps are time-sensitive, and older arrears may invite objections. If maintenance is not paid and has continued for a long time, speak to a lawyer quickly.
6) What if there are multiple maintenance orders in different cases?
This can happen (divorce + DV + BNSS). Courts try to prevent double recovery for the same period and purpose and may adjust amounts. A lawyer should map all orders so that maintenance not paid enforcement stays clean and consistent.
8) Do I need to attend every hearing in Bengaluru?
Not always. Many dates can be handled through counsel, and your personal presence may not be required each time. If travel is difficult, ask your lawyer about exemptions and planning so that maintenance enforcement doesn’t stall.
Need free legal aid? You can check eligibility via the Karnataka State Legal Services Authority (KSLSA).
Conclusion
Non-payment of maintenance is serious and emotionally draining, but the law provides clear tools to protect your rights and recover arrears. Act early, collect proof, and choose the right enforcement route when maintenance is not paid.
For confidential support, contact family lawyers in Bangalore at Kapil Dixit LLP for an in-person meeting in Bengaluru or an online consultation.
Disclaimer: This article is for general information only and is not specific legal advice.
